Philippines Asked United Nations on Entitlements in West Philippines Sea Extended Continental Shelf
Summary
TLDRThe Philippines has submitted a claim to the United Nations to recognize its undersea continental shelf in the South China Sea, asserting its exclusive rights to resources in the area. This move challenges China's extensive territorial claims and follows the 2016 arbitral ruling that rejected China's claims. The submission is based on extensive scientific research and aims to reinforce the Philippines' maritime entitlements and sovereignty, promoting a rules-based international order.
Takeaways
- 🌏 The Philippines has requested the United Nations to formally recognize its undersea continental shelf in the West Philippine Sea, where it would have exclusive rights to exploit resources.
- 🚫 This move by the Philippines rejects China's extensive territorial claims in the region.
- 🔍 The Philippine government submitted scientific research data to the UN Commission on the Limits of the Continental Shelf, emphasizing its commitment to responsible application of its maritime rights.
- 🏆 The 2016 arbitral award confirmed the Philippines' maritime entitlements and rejected claims that exceeded limits under the United Nations Convention on the Law of the Sea (UNCLOS).
- 🌊 The undersea region in question, which includes the Spratly Islands, has been contested by multiple countries, including China, Vietnam, Malaysia, Brunei, and Taiwan.
- 📜 Philippine President Ferdinand Marcos Jr. emphasized the legal basis of the Philippines' territorial boundary and sovereign entitlements, referencing international treaties and the UNCLOS.
- 🛳️ Tensions have escalated between China and the Philippines over disputed areas, with incidents involving Chinese Coast Guard ships and Philippine naval vessels.
- 📈 The Philippines is pursuing legal measures to protect its territorial integrity and sovereignty, including passing bills to define sea lanes and manage foreign vessels in its waters.
- 🔑 The UN Convention on the Law of the Sea defines the continental shelf and grants coastal states sovereign rights over natural resources found on or beneath it.
- 🌐 The Philippines' submission to the UN is part of a broader effort to uphold international law and promote a rules-based international order in the face of maritime disputes.
Q & A
What has the Philippines asked the United Nations to formally recognize?
-The Philippines has asked the United Nations to formally recognize the extent of its undersea continental shelf in the West Philippine Sea, where it would have exclusive rights to exploit resources.
How does the Philippines' submission to the UN reject China's territorial claims?
-The Philippines' submission is a move that rejects China's vast territorial claims to the region by asserting its own sovereign rights and maritime jurisdictions based on the United Nations Convention on the Law of the Sea (UNCLOS).
What is the significance of the 2016 award on the South China Sea arbitration for the Philippines?
-The 2016 award confirmed the Philippines' maritime entitlements and rejected claims that exceeded geographic and substantive limits under UNCLOS, providing a legal basis for the Philippines' maritime boundaries and rights.
What does the United Nations Convention on the Law of the Sea (UNCLOS) define as the continental shelf?
-UNCLOS defines the continental shelf as the submerged extension of a coastal state's land territory covering the seabed and subsoil beyond its territorial sea up to the edge of its 370 km or 200 nautical mile exclusive economic zone (EEZ).
What rights does a coastal state have over its continental shelf according to UNCLOS?
-Under UNCLOS, a coastal state has exclusive rights to exploit resources in its continental shelf, including the right to authorize and regulate any kind of drilling, and sovereign rights over natural resources found on or beneath the continental shelf.
What potential resources does the undersea region claimed by the Philippines hold?
-The undersea region claimed by the Philippines potentially holds significant resources such as an estimated 165 million barrels of oil and 98.7 billion cubic meters of gas, which would benefit the nation and its people for generations to come.
How has the Philippines responded to China's territorial claims over the West Philippine Sea?
-The Philippines has responded by asserting its legal rights under international law, defining its territory and maritime zones in accordance with international treaties, and pursuing legal arbitration to protect its territorial integrity and sovereignty.
What was the outcome of the 2016 arbitral ruling on the South China Sea dispute between the Philippines and China?
-The arbitral tribunal ruled overwhelmingly in favor of the Philippines, declaring China's claims based on the nine-dash line invalid under UNCLOS, and stating that China violated the Philippines' sovereign rights by interfering with its oil exploration activities and fishing operations.
What steps has the Philippines taken to protect its maritime domain and assert its sovereignty?
-The Philippines has taken steps such as submitting its claims to the UN Commission, defining its sea lanes through legislation, and pursuing legal arbitration to assert its sovereignty and protect its maritime domain.
How does the Philippines plan to manage and secure its territorial waters and exclusive economic zone?
-The Philippines plans to manage and secure its territorial waters and exclusive economic zone by passing legislation that sets the coordinates for sea lanes and air routes, allows the president to issue rules and regulations, and strengthens enforcement by the military and other authorities.
What was the international reaction to the 2016 arbitral tribunal's ruling on the South China Sea dispute?
-The international community largely supported the ruling, although China rejected the decision and continues to defy it. The extent to which China abides by the ruling and the international community supports it will have consequences for the utility of international law in ensuring the peaceful, stable, and lawful use of the seas.
Outlines
🌏 Philippines' Maritime Claims in South China Sea
The Philippines has submitted a request to the United Nations to formally recognize its undersea continental shelf in the West Philippine Sea, asserting its exclusive rights to exploit resources in the area. This move counters China's extensive territorial claims. The Philippine government has based its submission on over a decade of scientific research and emphasizes its commitment to the United Nations Convention on the Law of the Sea (UNCLOS). The submission is significant for securing the Philippines' sovereign rights and maritime jurisdictions, especially after the 2016 arbitral award that confirmed its maritime entitlements and rejected excessive claims under UNCLOS. The undersea region, including the Spratly Islands, is contested by several nations, including China, Vietnam, and Malaysia.
🚢 Tensions Escalate Over South China Sea Disputed Waters
The dispute over the South China Sea has led to increased hostilities, particularly between China and the Philippines. Chinese vessels have used water cannons and blocking maneuvers against Philippine ships, causing injuries and straining diplomatic relations. The Philippines has invoked international arbitration, which in 2016 ruled against China's claims to the sea. Despite this, China continues to assert its claims over the area, including the Reed Bank, believed to hold substantial oil and gas reserves. The Philippines has also passed legislation to define its sea lanes and protect its territorial integrity, while military and legal experts emphasize the importance of international law in resolving maritime disputes.
🗺️ Legal and Diplomatic Challenges in the South China Sea
The Philippines is updating its map to reflect its maritime entitlements in accordance with the 2016 arbitral ruling and UNCLOS, countering China's claims represented by the 'nine-dash line' map. The 2016 ruling largely favored the Philippines, declaring China's claims to historic rights and resources within the nine-dash line unlawful. China has reacted negatively to the ruling, maintaining it is null and void. The Philippines' legal case against China involved extensive documentation and arguments, seeking to declare the invalidity of China's claims based on the nine-dash line, the status of certain maritime features, and China's interference with the Philippines' rights to exploit resources. China has expended resources to discredit the case and the arbitration process.
🏖️ The 2016 Arbitration and Its Impact on South China Sea Claims
The 2016 arbitral tribunal invalidated China's historical claims over the disputed waters of the South China Sea. It found that China's claims to historic rights within the nine-dash line did not conform to UNCLOS and that UNCLOS does not permit the preservation of historic rights within the exclusive economic zone or the continental shelf of another state. The tribunal addressed China's claims to historic rights, the status of maritime features, and the legality of Chinese activities in the South China Sea. The ruling has significant implications for the utility of international law in ensuring peaceful and lawful use of the seas, and it challenges China's historical rights argument, which has been based on evidence of Chinese activity in the region spanning thousands of years.
Mindmap
Keywords
💡Continental Shelf
💡UNCLOS
💡West Philippine Sea
💡Spratly Islands
💡Territorial Claims
💡Maritime Jurisdictions
💡2016 Arbitral Award
💡China's Territorial Claims
💡Sovereign Rights
💡Natural Resources
💡International Law
Highlights
The Philippines has formally asked the United Nations to recognize the extent of its undersea continental shelf in the West Philippine Sea.
This move by the Philippines rejects China's territorial claims to the region.
The Philippine government submitted information to the UN Commission on the Limits of the Continental Shelf.
The submission is based on over a decade and a half of scientific research.
The Philippines' submission is a declaration of its maritime entitlements under the UN Convention on the Law of the Sea (UNCLOS).
The 2016 arbitral award confirmed the Philippines' maritime entitlements and rejected those exceeding UNCLOS limits.
The undersea region where the Philippines seeks to establish its sovereign rights is part of the Spratly area, which is contested by several countries.
Philippine President Ferdinand Marcos Jr. emphasized the legal basis of the Philippines' territorial boundary and sovereign entitlements.
The Philippines defines its territory in accordance with international treaties and upholds its integrity through international law.
The UN Convention on the Law of the Sea defines the continental shelf and the rights of coastal states over it.
The Philippines' undersea continental shelf could potentially overlap with those of other coastal states in the South China Sea.
Philippine officials are ready to hold talks to resolve overlapping claims based on UNCLOS.
The submission to the UN can reinvigorate efforts to demonstrate readiness to pursue UNCLOS processes.
The undersea region holds significant potential resources that could benefit the nation and its people.
Hostilities and tensions in the disputed waters have escalated, particularly between China and the Philippines.
The Philippines brought its disputes with China to international arbitration in 2013, leading to a 2016 ruling that invalidated China's claims.
China's claim over the South China Sea includes Reed Bank, which is within the Philippines' EEZ and believed to hold significant oil and gas reserves.
The Philippines Congress passed a bill to define the country's sea lanes to deter encroachments on Philippine waters.
The Philippines should take measures to protect its territorial integrity and sovereignty.
The Philippines' submission to the UN is the second time it has pursued its Extended Continental Shelf entitlements.
The national mapping and resource information agency led the preparation of the submission for over a decade and a half.
The Philippines issued a statement that it will publish an updated map highlighting its maritime entitlements in line with the 2016 arbitral ruling and UNCLOS.
The 2016 arbitral tribunal ruled in favor of the Philippines, determining that China's claims, including its nine-dash line, were unlawful.
China has expended resources to discredit the Philippines case and the legitimacy of the arbitration proceedings.
China's historical claims over the South China Sea have been invalidated by the 2016 arbitral tribunal under UNCLOS.
Transcripts
the Philippines has asked the United
Nations body to formally recognize the
extent of its undersea Continental
seabed in the west Philippine Sea where
it would have the exclusive right to
exploit resources the department of
Foreign Affairs said in a move that
rejects China's vast territorial claims
to the
region the Philippine government for the
Philippine mission to the UN in New York
submitted information to the UN
Commission on the limits of the
continental shelf on the extent of its
undersea shelf in the South China Sea
off Western Palawan Province after more
than a decade and a half of scientific
research the submission is a declaration
not only of the Philippines Maritime
entitlements under un convention on the
law of seas but also of the country's
commitment to the responsible
application of its processes the
Philippines underscored the significance
of the submission in securing the
Philippines Sovereign rights and
Maritime jurisdictions in the west
Philippine Sea noting that the 2016
award on the South China Sea are ation
confirmed the Philippines Maritime
entitlements and rejected those that
exceeded Geographic and substantive
limits under unclos the undersea region
where the Philippines seeks to formally
establish its Sovereign rights under the
UN convention on the law of the sea or
unclose covers the spratley a chain of
islands isets reefs and atols that has
been fiercely contested over the years
by China the Philippines Vietnam
Malaysia brunai and
Taiwan earlier this month at the shangra
LA dialogue in Singapore the Philippines
president Ferdinand Marcos Jr enumerated
the legal basis of the Philippines in
determining its territorial boundary and
Sovereign
entitlements we have defined our
territory and Maritime zones in a manner
befitting a responsible and law-abiding
member of the International Community
when we established our Commonwealth in
1935 we put together a constitution that
defined our territory in accordance with
the international treaties became the
basis of our archipelagic Unity the
Treaty of Paris between Spain and the
United States crystalized our Islands
into a cohesive hold the Treaty of
Washington clarified the extent of our
sovereignty and patrimony and a line set
by International Powers we sought to
uphold and preserve the Integrity of our
country's physical Unity through
international law in the west Philippine
Sea we are on the front lines of efforts
to assert the Integrity of the unus as a
constitution of the oceans any effort to
resolve Maritime differences in the East
China Sea and the South China Sea must
be anchored on international law
particularly unas so the lines that we
draw in our waters are not derived from
just our imagination but from
international law we have on our side
the 1982 Unos and The Binding 2016
arbitral award which affirms what is
Ours by legal
right in our in this solid footing and
through our clear moral ascendancy we
find the strength to do whatever it
takes to protect our Sovereign home
through the last square inch to the last
square millimeter the lifegiving Waters
of the West Philippine Sea flow in the
blood of every Filipino we cannot allow
anyone to detach it from the totality of
the maritime domain that renders our
nation
[Music]
whole United Nations convention on the
law of the sea defines continental shelf
as the submerged extension of a coastal
State's land territory covering the
seabed and subsoil Beyond its
territorial sea up to the edge of its
370 km or 200 nautical mile exclusive
economic zone EZ under the 1982 un
convention under article 76 a coastal
State could have exclusive rights to
exploit resources in its continental
shelf a vast stretch of seabed that can
extend up to 350 nautical miles or 648
kilomet including the right to authorize
and regulate any kind of drilling
article 77 grants Coastal States
Sovereign rights over natural resources
found on or beneath the continental
shelf including minerals and other
non-living matter as well as organisms
that are fixed to the seabed or subsoil
the Philippines undersea continental
shelf could potentially overlap with
those of other Coastal states in the
South China Sea including that of
Vietnam Philippine officials expressed
Readiness to hold talks to resolve such
issues based on uncles Philippine
permanent representative to the UN
Antonio lagdo said the move can
reinvigorate efforts of states to
demonstrate their Readiness to pursue
the United Nations convention on the law
of the sea or unclosed processes in the
determination of Maritime entitlements
and promote a rules-based international
order incidents in the waters tend to
overshadow the importance of What Lies
Beneath the seabed and the subsoil
extending from the Philippines
archipelago up to the maximum extent
Allowed by unclo hold significant
potential resources that will benefit
the nation and their people for
generations to come hostilities and
tensions in the disputed Waters have
alarmingly escalated particularly
between China and the Philippines over
two disputed shs since last year Chinese
Coast Guard ships and suspected militia
vessels have used powerful water cannons
and D ous blocking Maneuvers against
Philippine Coast Guard Patrol ships and
Navy boats that have injured Filipino
Personnel damaged their supply boats and
strained diplomatic relations between
the two
countries after a tense standoff between
Philippine and Chinese ships near a Sho
in 2012 the Philippines brought its
disputes with China the following year
to International
arbitration the arbitration panel
invalidated China's claim to virtually
the entire South China Sea in a 2016
ruling but B Beijing refused to
participate in the arbitration rejected
the decision and continues to defy it
maritime law expert and retired Supreme
Court senior associate Justice Antonio
Carpio said the Philippines move was an
exercise of the nation's legal right
which is enjoyed by all member states of
unclose the exercise of such right under
international law is a peaceful act and
cannot be deemed provocative no country
can claim that the Philippines is
Raising tensions in the South China Sea
by virtue of such Act
China's sweeping claims over the West
Philippine Sea includes Reed Bank
located within the Philippines
eez the area is believed to hold an
estimated 165 million barrels of oil and
98.7 billion cubic met of gas according
to the Department of
energy the Philippines Congress passed a
bill to define the country's sea Lanes
to deter encroachments on Philippine
Waters by Chinese and other foreign
vessels and aircraft the Philippines
should take all measures to protect
their nation's territorial integrity and
sovereignty the Chinese are not only
intruding in the western part of its
country but in the South as well the
Armed Forces of the Philippines cited
the passage of people's Liberation Army
Navy training ship and amphibious
transport dock vessel last week through
the basilon straight between Zamboanga
City and basilon Province as they headed
to the West Philippine Sea Maritime
experts in the Philippine Navy however
say that basilon straight is open open
to innocent passage for foreign vessels
including warships as long as they do
not linger house bill number 9,34 passed
in Congress waiting for Senate approval
sets the coordinates designating the sea
lanes and air routes for the continuous
and expeditious sailing or flight of
foreign ships and aircraft exercising
the right of innocent passage the
proposed law will allow the president to
issue rules and regulations relating to
the management and security of the
country's archipelag and adjacent Waters
trans transiting ships and planes shall
be prohibited from conducting any
oceanography or hydrographic survey or
research activity unless permitted by
the Philippine government enacting the
bill it would strengthen enforcement by
the military and other authorities of
sovereign rights within the Philippines
territory Saturday's submission to the
UN commission was the second time that
the country had pursued its ECS
entitlements after it made a partial
submission concerning benam rise in
April
2009 that submission was validated in 12
subsequently adding
135,50 6 Square km of seabed of the
Philippine Sea the department of Foreign
Affairs have long prepared for the
submission of extended Philippine
entitlement to United Nation and in fact
they mentioned during benam Ry
submission in 2009 that they reserved
their right to make further submissions
to the West it was a long inter agency
process that involved deliberate and
intensive scientific research and review
the national mapping and resource
information agency led the technical
working group that prepared the latest
submission for over a decade and a half
the team worked on Gathering and
processing of data on geodetic and
hydrographic information and geophysical
and geological information to
substantiate the
submission at least six neighboring
countries all of which have territorial
disputes with China have objected to the
2023 version of the country's standard
map released on the 28th of August by
the Chinese Ministry of Natural
Resources
the map includes a U-shaped line that
reaffirms beijing's claims to
sovereignty over almost all of the South
China Sea including the West Philippine
Sea a resourcer and strategically
important region through which trillions
of dollars in trade flows each year the
line extends into the exclusive economic
zones of a number of countries the new
map repeats the nine-line claims made by
China and rejected by the United Nations
law of the sea tribunal China has put
one new Dash in the east e section of
the democratic island of Taiwan while
also claiming new territory around north
of
India in response to China 10-line map
last year the Philippines issued a
statement that the National Security
Council and the national mapping and
resource information agency will publish
an updated Philippine map highlighting
the country's Maritime entitlements in
line with the 2016 arbitral ruling and
the United Nations convention on the law
of the sea the new standard map that
will counter China's 10 dash line map
will be the updated version of the
administrative map of the Philippines
which includes the clean island group
Scarboro schol mfield Bank West
Philippine Sea and benam Rise region it
also shows sabba which the Philippines
claims but is not actively pursuing
against aan neighbor
Malaysia on July 12th 2016 the arbitral
tribunal adjudicating the Philippines
case against China in the South China
Sea ruled overwhelmingly in favor of the
Philippines
determining that major elements of
China's claim including its n- line
recent land reclamation activities and
other activities in Philippine Waters
were unlawful predictably China reacted
negatively to the ruling maintaining it
was null and void China may take
assertive and inflammatory steps to
defend its position the extent to which
China abides by the ruling in the
longterm and to which the international
community supports and seeks to enforce
the ruling will have consequences for
the utility of international law as a
tool to ensure the peaceful stable and
lawful use of the Seas going forward
economically diplomatically and
militarily outmatched by China the
Philippines turned to Legal
arbitration the Philippines case
comprised of thousands of pages of
arguments and documents asked the court
among other things to declare whether
China's claims based on the nine dash
line are invalid under unclose declare
whether certain land features in the
South China Sea are rocks Islands or low
tide elevations and declare whether
China has interfered with the
Philippines right to exploit resources
within the Philippines claimed Waters
over the past 7 years China has expended
resources and energy to discredit the
Philippines case and the legitimacy of
the proceedings arguing that it would
neither accept nor participate in the
arbitration in the months leading up to
the ruling in particular Beijing began a
campaign of diplomatic Warfare to
solicit support from other countries for
position and suggested in mid June 2016
that 60 countries had pledged support to
China's position though in reality only
10 countries made public statements to
that effect the permanent Court of
arbitrations 479 page ruling was
overwhelmingly favorable to the
Philippines position ruling several
elements of China's claims in the South
China Sea unlawful key findings of the
ruling include China's claims to
Historic rights and resources within its
n- line have no legal basis
none of China's claimed land features in
the spratley islands are an island
capable of generating a 200 nautical
miles exclusive economic zone China
violated the Philippines Sovereign
rights by interfering with Philippine
oil exploration activities prohibiting
Philippine fishing vessels from
operating failing to prevent Chinese
fishing vessels from operating and
conducting land reclamation in areas
where the Philippines enjoy Sovereign
rights to explore for and exploit
natural
resources China viol at its Marine
Environmental Protection obligations
under unclose by causing severe harm to
the coral reef environment with its land
reclamation activities and harvesting of
endangered species China is legally
Bound by the tribunal's ruling by virtue
of its ratification of unclo for long
China has argued that its claim over the
South China Sea is historical in nature
Beijing relies on documentary and
archaeological evidence indications of
Chinese activity in the SCS spanning
thousands of years to support China's
sovereignty claims at first glance this
proferred evidence may appear to be
sufficient proof of China's claims of
sovereignty especially when China's
sovereignty is assumed and evidence is
sought to support these
claims however this historical rights
argument has been challenged on several
fronts to further disprove China's claim
of historical rights several ancient
Chinese Maps dating as far back as 900
years ago to the song and Tang dynasties
all the maps showed that China's
southernmost territory was the island of
Hanan Additionally the 1947 constitution
of the Republic of China also identified
Hanan as the country's southernmost part
raising questions over what would later
emerge as the n-line claim in modern
history China backed its sovereignty
claim and related rights over this
territory in accordance with the 1943
Cairo declaration in the 1945 pot Stam
Proclamation after World War II Japan
returned to China of the Chinese
territories it had occupied including
Taiwan and the pangu islands the chisha
islands and the nanha islands however
the 2016 arbitral tribunal under the UN
convention on the law of the sea
invalidated China's historical claims
over the disputed Waters of the South
China Sea the tribunal dealt with the
question of whether China's claims to
Historic rights within the n-h line now
10 dash line were in Conformity with
unclos it was first observed that this
area in which China claimed rights
formed in the long historical course to
living and non-living resources like
fisheries and petroleum resources
partially overlaps with areas that would
otherwise comprise the exclusive
economic zone or the continental shelf
of the Philippines in the view of the
tribunal unclose establishes a
comprehensive Maritime zones regime and
allocates rights in these areas to the
coastal State and other states in the
areas of the E and the continental shelf
the coastal State enjoys exclusive
Sovereign rights to the exploitation of
living and non-living natural resources
concerning the rights of other states in
these areas the tribunal found that
unclosed does not permit the
preservation of the historic rights of
any state within the e or the
continental shelf of another state
accordingly the tribunal concluded that
China's claims were contrary to unclo
and exceeded the geographic limits
imposed by it the award addresses three
main substantive issues first the
so-called n-h line and China's claim to
Historic rights in the South China Sea
second the status of certain Maritime
features in the South China Sea and
third the legality of Chinese activities
in the South China Sea
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